A court/ police can keep a document or a property in their custody if the property was involved in an offense, those kinds of properties or documents can also be used as proof; once provided, the court might issue an order for the property’s disposal. Sometimes, the court’s disposition of documents or property for solving a case is essential. Legal provisions stated by the law for the disposal of property are listed under Chapter 34 sections (451-459) of the Code of Criminal Procedure 1973.
In this article, we will understand the meaning of disposal of property and the provisions.
Disposal of Property: Meaning
The court's approach to dispose of the property for a charge in the performance and power needs is known as disposal. A thorough study and economic evaluation are needed to relieve a property.
Disposal of Property: Why it is required?
Now it is essential to understand why the disposal of property is required. Let's understand this in Sunderbhai Ambalal Desai v. the State of Gujarat.
o Facts: As per this case, it was claimed that while working at the police station in Gujarat, the charged replaced several documents with some money and auctioned off the property that isn't authorized under their name. The officers seized the property and kept it in the custody. The lawyer and the parties also shared that many such documents were seized by the police for a longer duration, which raises concerns about their safety.
o Judgment: The Court describes the object and method of the diverse provisions of the Code for the disposal of property. Along with the disposal of property, it was also stated that property or documents must not be kept in the custody of the police or court until it is necessary.
It was obvious by this case that unless the case property is necessary, neither the police nor the court can keep the property or the document in their custody for longer. Thus, it becomes the court's duty to give the required orders as per the law without causing any delay.
What kinds of Property can be disposed of?
Listed below are the kinds of Property the court deals with in criminal law.
- The Property in which illegal action/ work has been taken place.
- The Property that has been used in the execution of an offense.
- The Property has been given as proof in front of the court.
- The Property is within the control of the court administration.
- Properties that have been sold or auctioned by an unauthorized party.
Disposal of Property: Methods
Listed below are the methods that can be used while disposing of the property:
- Demolishing of the property: It is a process in which a property is eradicated. Mostly it happens when the property is to be used for something else.
- Confiscation: It is a process in which the seized property is either disposed of or sold by the court's order.
- Delivering the property to the one who is claiming it.
Generally, a property can be disposed of in three ways. However, the procedure for disposing of a property under a criminal offense differs under Criminal Law. Sections 452 to 459 of the 1973 act state the procedure and the remedies for the property's disposal. The court will choose the best possible option for the disposal of the property.
Disposal of Property: Provisions
The following sections of the CRPC are taken into consideration for the disposal of property by the Indian court:
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Section 451 of CrPC, 1973
Section 451 of the CrPC,1973 deals with the disposition of property before the completion of a case. Therefore, this Section deals with the temporary disposition of the property. According to section— if a property is presented in the Criminal Court during a trial or investigation, and the Court decides that it is necessary to place the property in custody before the investigation and trial, the Court has the right to issue an order as such. If the Court finds out that the property is subject to natural decay, it can record the desired proof and order to sell or dispose of the property.
Furthermore, the Section defines the property that can be disposed of in the following regards:
a) Property that has been involved in an offense or used while committing an offense.
b) Property or document found during a trial or investigation.
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Section 452 of CrPC, 1973
Now that we've discussed the property's disposition at the intermediate stage, let's look at the disposal of the property after the completion of the trial or investigation.
a) ·When an investigation is completed at the Criminal Court, the Court can pass the order for the property's disposal under Section 452. This disposal can be destroyed, seized, or distributed to the one proved to be the owner of a property, as shown in the respected Court.
b) According to Sub Section (2), an order passed under Section 452 can be created with or without any need that the property owner would commit a bond (with or without securities) that they will bring that property again in court if there is any change or need.
c) According to section 452 sub-section (2), the Sessions Court may order to give the property to the Chief officer.
d) Also, section 452 Subsection (4) states that the order shouldn't be passed for at least two months or until the case is resolved. However, it isn't applicable if the property is subject to natural decline, livestock, or has a bond given in this regard.
Under this Section, the property doesn't only contain the property which is kept by the court, but also the property that has been altered or exchanged.
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Section 453 of CrPC, 1973
Section 453 involves transferring money found on a charge to an innocent buyer. This Section speaks about the case in which the charged is sentenced for a crime involving theft or stolen property and a person who doesn't have an idea about this theft or crime. Such an innocent person can get a refund from the court. Yet, if no money is found with the charged person, the court can neither ask them nor the owner to pay the amount to the innocent person.
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Section 454 of CrPC, 1973
Section 454 of the Code of criminal procedure deals with the appeals of orders passed by the Court as in sections 452 and 453.
This section states that the aggrieved by a Court’s order made under Sections 452 and 453 may appeal. In these cases, the higher Court may order the lower Court to alter, revoke or revise the order and pass new order that can be suitable.
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Section 455 of CrPC, 1973
Section 455 of the CrPC deals with the destruction of defamatory or other items
According to this section, if the court considers it to be suitable, they can pass the order for destruction of all the copies of a thing regarding a trust made as on:
a) Section 292 of Indian Penal Court (Sale of indecent books and so on.)
b) Section 293 of the Indian Penal Court (Sale of indecent things to a young one),
c) Section 501 of the Indian Penal Court (regarding printing or engraving cases which is called defamatory), and
d) Section 502 of the Indian Penal Court (Sale of printed or engraved essences having defamatory system) of the IPC.
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Section 456 of CrPC, 1973
Section 456 deals with the Court's power to regain control of that property. It also says that if the Court feels that a person is sentenced to criminal force or coercion to divest some person of immovable property, the Court can pass the order to regain the property to that person.
It can even be done by expelling the property by force from someone who owns it. Yet, it must be done within one month after the conviction. Section (456) Sub Section (2) says that the Court of appeal can also pass such an order. section 456 is applicable only if:
a) Because of this illegal force, the person who disposed of the property has been dispossessed.
b) The person sentenced to commit an offense of criminal coercion.
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Section 457 of CrPC, 1973
Section 457 of the code of criminal procedure deals with the process to be obeyed by the police while they seize the property.
Section 457 is also applicable in the case in which a property is seized and kept by the police but hasn't been presented in front of the court while the intermediate process, that is, trial. In such cases, on getting a report or information about the seizure of the property, the court judge can pass the order for the property's disposal or deliver this property to the one entitled.
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Section 458 of CrPC, 1973
Section 458 of the Code of Criminal Procedure deals with the process to be followed when no one appears in court to claim possession of the property within six months. Section 458 states if:
a) When no one claims that property and couldn't prove themselves to be the owner of that property
b) If the one who took the item from his control cannot show that they got the property legally.
In these cases, the court can pass an order demanding the government of that state to dispose of that property and deal with the returns obtained by the disposal in the specified manner.
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Section 459 of CrPC, 1973
Section 459 of the Code of Criminal Procedure deals with the power to sell perishable property.
According to section 459, the court can pass the order for selling the perishable property that is prone to speedy and natural deterioration if:
a) The person who is entitled to that property is not present.
b) The court to whom the report of the seized property is given thinks that the sale of the property would be a better option for the owner.
c) The value of the property is not more than Rupees 500.
In these cases, the revenues obtained from such a trade would be subject to the provisions of Sections 457 and 489
Conclusion:
The laws allow the government to dispose of any property or document involved in a crime or are under the court's power. It also states that they should dispose of property or documents easily once the court no longer requires them. With that, the court must issue the required legal instructions for the disposition of those properties. Section (451-459) of the Code lays down the law and shows how the court must deal with the property. The court must also check whether the required orders have been passed or not.
We have that you understand the meaning and the provisions of the disposal of property. If you are stuck in a place or need legal assistance, feel free to contact us. Our experienced lawyers will help you by giving you the best possible solutions. You can call us at +919284293610 or email us at info@restthecase.com.
FAQ
Why is it required to dispose of the property?
It is stated that the police or court can seize and keep that property in their custody if they feel it is a misfit or is involved in any criminal offense. The court can pass the order to sell or dispose of the property.
How can a person get their seized items back from the custody of the police or court?
If a person's property is seized, it is generally held in the custody of the police or court. Until the case has been solved, once the case has been sold and there is no need for that property, the officer must state that the property is now free, and the other can take it back. The officer and the court can’t keep the property for longer if there is no use.
What if police lose the property of a person during disposal?
In that case, they have the right to file the claim in six years, counting the days they find something missing or destroyed in the property while it is in custody.
How long can police seize or keep the property of a person?
The court or the police can seize and keep the property until all suitable cases have been dealt with. In some cases, they can seize it until the case has been solved completely. Police or court can't keep it for a long time if the case or the related matter has been solved.
What is the provision relating to property disposal in the criminal procedure code?
Section 451 of the CrPC, 1973 lets a court provide interim custody. Any property in the custody of the Court directly/indirectly must be disposed of by the Court properly.
What is the provision for the disposal of property in CrPC?
According to Section 452, the Court can pass the order for the disposal of the property when an investigation or trial in a Criminal Court has been completed. This disposal may be by defeat, seizure, or sent to the one who claims to get the possession of a property presented in the Court.
